Question: Must an employer give notice of termination of the services of an employee who has been employed on a temporary basis?
Answer: Where the temporary contract is project bound and the end date is uncertain, then notice is required. Where the termination/end date has been stipulated, no notice is required.
Brief explanation: Where the end date of a contract is uncertain, notice has to be given in terms of section 37 of the BCEA. Where the last date of employment has been agreed and stipulated in the contract of employment, this may be regarded as advance notice of termination of employment and it does not make sense to give notice again. Although there may be no legal requirement to give formal notice of termination in these circumstances, it is a matter of common courtesy for employers to remind the employee of the forthcoming termination date.
Note: These snippets of information are based on frequently asked questions and will be circulated to subscribers on a regular basis. Labourwise subscribers are invited to submit questions on matters that they believe would be of general interest to employers.
Disclaimer: The material above is provided for general information purposes only and does not constitute legal or professional advice. Neither the author nor the publisher accepts responsibility for any loss or damage that may arise from reliance on information contained in this article.
5 Comments
Helpful Info
Thanks for this info, however, what are the legal ramifications (from an employer’s point of view) when a temporary/contract worker absconds and then expects payment for days worked AFTER he’s been paid?
If the employee absconds before the agreed termination date, it amounts to a breach of contract. In principle the employer could institute a claim for damages suffered, but in practice it may not be worthwhile and difficult to prove. At the very least you would not be obliged to pay the employee for the remainder of the contact (“no work, no pay”).
Can a Fixed Term Employment Contract be regarded as “Temporary Employment Contract”?
Yes, generally they are considered the same type of contract. It is an employment contract for a specific period with no expectation of employment beyond a specific date. You can have a look in our articles section for articles related to this topic.